The seat of power in U. justice system

Situated down a long, dismal hallway in the annex to the Fine Arts Library is the Office of Student Conduct, the main branch of the University in charge of student discipline -- with the power to kick you out of Penn. While such extreme measures aren't common, the OSC deals with a wide spectrum of cases -- ranging from the investigations into the five Penn students who were accused of assaulting a Princeton debate team member in November to sorority and fraternity-related incidents. The OSC has jurisdiction over most student disciplinary measures encompassing two main branches: student misconduct, which accounts for three-fourths of the cases, and academic dishonesty, accounting for the remaining one-fourth of the cases, according to Director Michele Goldfarb. It enforces the rules set forth in the University's Code of Student Conduct, a policy that deals with issues ranging from alcohol and drug abuse to hazing. It also puts into practice the Code of Academic Integrity, which includes rules relating to plagiarism, fabrication and other methods of cheating. Although the specific procedures that the OSC uses have fluctuated over time as its policies have shifted and its name has changed -- from the Judicial Inquiry Office and the Student Dispute Resolution Center -- the process has maintained the same basic intent. Some believe that the process is inherently unfair -- History Professor Alan Kors, for one, sees problems with student judicial processes, both at Penn and throughout higher education. "Anything criminal should be referred to the criminal justice system," Kors said, noting that Penn should deal only with cases involving academic dishonesty and is "categorically ill-equipped" to handle misconduct issues. He added that because the OSC advisers who aid students through the process are Penn-employed, "there's no independent judiciary at Penn." All OSC investigations are conducted independently of criminal proceedings filed against the student, meaning that in some cases, students can simultaneously face two sets of charges. Furthermore, each case is conducted "on a strictly confidential basis," Goldfarb said, based on the University's compliance with the Family Educational Rights and Privacy Act of 1974. Rather than policing student behavior, acting as "cops or jailers," Goldfarb said, the OSC begins investigations in response to complaints submitted to the office, usually by the University Police, a faculty member, teaching assistant, resident or graduate adviser or college house dean. Students receive a letter of notification when a complaint has been brought against them, stating that "cooperation with this process is mandatory." If they do not respond in time, "one coercive device is the ability to place a student's records on disciplinary hold," Goldfarb said. The complaint can be resolved through mediation, if the case is a violation of the Code of Student Conduct, or an investigation can be opened. Mediation, a method emphasized in the 1996 rewriting of the OSC's charter, is an informal meeting of parties involved in which a non-disciplinary solution is found via an impartial mediator. Students can also choose anyone affiliated with the University to serve as their adviser. OSC adviser and Stouffer College House Dean Anne Mickle has "been involved in a variety of cases, with different outcomes." She said that the research involved in the investigation process can include tapping into e-mails or other electronic exchanges. According to Goldfarb, the "process is very individualized and intensive and is case by case" and "formulates a fair reflection of the incident and the student's individual responsibilities." Once the investigation is complete, the complaint is either dismissed or formal charges and sanctions are brought by Penn. Of the students who receive charges, 9 of 10 voluntarily sign an agreement to accept them and fulfill the sanctions. If a student does not accept the charges, he can request a disciplinary hearing in front of five people. This can result in an amendment of the charges, which the student can accept or appeal, after which the OSC resumes control. This process has met with both praise and condemnation. "It's a tough office, but they try to make the student feel as comfortable as possible as long as they are honest," Mickle said. And Kors said that while Penn's disciplinary process is far from perfect, it has improved over time. "Unlike in the old days, it seems to be run by people who believe in fairness," Kors said. "Michele Goldfarb is someone who wants to do the right thing, but is overseeing a system that, from the perspective of students, has fatal flaws."

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